What is the new rule of cheque bounce?
With the new rule change, cheques can be cleared on a Sunday or a holiday too. The customers must keep in mind that they need to keep a minimum balance in their bank account at all times. If they fail to do so, the cheque may bounce and they will have to pay a fine or penalty.
Can you accused discharge in 138 ni?
6. The offence under Section 138 of Negotiable Instruments Act is punishable with imprisonment, which may extend to two years or with fine or with both and it is a summons-case. The petitions seeking for discharge of the accused were filed under Sections 245 and 203 Cr.
What is the time limit for cheque bounce case?
within 30 days
As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed. In case the case is filed beyound that time then the same shall be time barred.
Has section 138 been Decriminalised?
In June 2020, the Ministry of Finance proposed the decriminalisation of various minor economic offences, including the offence of cheque bounce under Section 138. While comments were invited, no conclusive decision has yet been taken till date.
Can I get bail in cheque bounce case?
Bail in cheque bounce is a matter of right of the accused as it’s a bailable offence. So you have to give an bail application through your advocate and have to give security as per the orders of the judicial magistrate.
How do you fight a cheque bounce case?
File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.
How can win case by accused 138 NI Act?
Cheque bounced given as a security If the accused or the drawer of the cheque, proves that the cheque issued, was not in discharge of any debt or liability, while issuing the cheque, and it was just given security deposit, hence it does not attract the offence under the Section 138, of the Negotiable Instruments Act.
How do you escape a cheque bounce case?
Keep a copy of all the relevant documents that prove that a transaction has been made through a cheque you issued. The payment invoice, copy of cheque, bank account statement, bank draft cheque etc. are some of the documents that you can keep as a proof of payment in a fake cheque bounce case.
Can I go abroad if a cheque bounce case is going on?
4 Answers. Unless the bank is a beneficiary of the cheque it could not have filed the case. Be that as it may, unless there is an order passed by the court directing you to not leave India you are free to go abroad. You have to take bail and then secure your presence before the court.
How can I recover my money from cheque bounce case?
In cheque bounce case you are required to issue notice within 15 days of the cheque bounce and thereafter after receiving the acknowledgment receipt with 30days we are required to file the complaint. After filling of the complaint it shall take 6 months (legally) for recovering the money back.
How long does it take to get the court Judgement on a cheque bounce case in India?
How long does it take to get the court Judgement on a Cheque bounce case in India? If the case goes to court the judgement may take anywhere around 2 to 5 years to take effect. The legal recourse for cheque bounce cases is straightforward in Indian Law [under the negotiable instruments act].
What is the punishment for Section 138?
Section 138 provides that when the cheque is dishonored for insufficiency of funds or for any of the prescribed reasons, the one who is at defaulter can be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or both.
How is a complaint maintained under Section 138 NI Act?
High Court observed “A careful analysis of Section 138 NI Act reveals that the first and foremost requirement to maintain the complaint under Section 138 NI Act is that the cheque issued by the account holder must be from the account maintained by account holder with the drawer-Bank for discharge in whole or in part of any debt or other liability”.
How is signature different in NI Act 138 cases?
Signature differs – accused admitted – accused admitted his liability Under Section313 statement – no reply to notice also – but the signature available in cheque not that of accused – no proof of issuance of cheque – accused cannot be convicted. 2002 Crl.L.J. 3255 Ker.
Who was the complainant under Section 138 of Negotiable Instruments Act?
The facts of the case go as such that the complainant, Kanchan Mehta under Section 138 of the Act had filed a complaint against the plaintiff on grounds that the latter who was supposed to pay an amount to the former on monthly basis according to an existing agreement between the two of them had failed to do so.
What was the Supreme Court decision on Section 138?
In K.S. Joseph v Philips Carbon Black Ltd. and another,9 the Supreme Court held that the delay in filing of complaint under Section 138 of Negotiable Instrument Act can not be condoned without notice to the accused.